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PEOPLE v. O'NEIL

Docket No. Crim. 7958.

62 Cal.2d 748 (1965)

401 P.2d 928

44 Cal. Rptr. 320

THE PEOPLE, Plaintiff and Respondent, v. JOHN WILLIAM O'NEIL, Defendant and Appellant.

Supreme Court of California. In Bank.

May 21, 1965.

Attorney(s) appearing for the Case

J. Perry Langford, under appointment by the Supreme Court, Edgar G. Langford and Langford, Langford & Lane for Defendant and Appellant.

Stanley Mosk and Thomas C. Lynch, Attorneys General, William E. James, Assistant Attorney General, and Rose-Marie Gruenwald, Deputy Attorney General, for Plaintiff and Respondent.

TOBRINER, J.

Defendant appeals from a judgment convicting him of driving while addicted to a narcotic drug in violation of Vehicle Code section 23105. The primary issue in this case turns upon the definition of the term "addicted" in section 23105. Since we find that the trial court erred in its formulation of that term, we must reverse the judgment and remand the cause for a determination of whether the defendant is "addicted" to the use of narcotics as we have defined...

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